Commencement and Duration of Unavailability

♦ The Contractor shall notify the Helpdesk when an instance of Unavailability has been remedied by either:

♦ If the Unavailability notified to the Helpdesk in accordance with paragraph 3.2.2, or paragraph 3.2.7 has been made safe and temporarily (or permanently) remedied by the end of the Temporary Rectification Period and permanently remedied by the end of the Permanent Rectification Period, then it will be deemed that no Unavailability of that Area occurred on that occasion for the purposes of the calculation of Unavailability Deductions.

♦ Once the Helpdesk receives this notification it shall constitute the Logged Rectification Time. This shall provide the end time for calculating the period of Unavailability. As soon as is reasonably practicable after notification by the Contractor that Unavailability has been rectified, the Contractor must inform the Authority that the failure has been rectified and the Area is once again ready for use. In the case where the Area is Unavailable but Used the rectification time for the original failure will continue from the point at which the Area becomes vacant, enabling the Contractor to remedy the Unavailability.

♦ If the Unavailability Notice provided to the Helpdesk has not been corrected by the end of the relevant Rectification Period then Unavailability shall commence from the relevant end of the Logged Rectification Time through to the time that the Unavailability is logged as being remedied by the Contractor.

♦ If the Authority is still making operational use of the Unavailable Area, the Contractor shall still be required to rectify the Unavailability. If the Rectification Period for the Area is not met the Contractor shall only incur deductions at 50% of the rate that would otherwise apply. If the Contractor's ability to rectify the Unavailability is impeded by the operational use of the Area, the Contractor must, within the first two hours of the Logged Failure Time, notify the Authority of this in writing and if the Authority continues to use the Area whilst it is Unavailable, this shall excuse the Contractor from Deductions during the period that the Area is being used. The Authority must also notify the Contractor when the affected Areas is no longer in use.

♦ Where the Contractor has reasonably demonstrated that its attempts to remedy the relevant Unavailability are frustrated by the Authority failing to grant the Contractor access to an Unavailable Area [(or Adjoining Area where the Contractor reasonably needs access to that Adjoining Area to remedy the relevant Unavailability)] for at least two (2) hours in aggregate], this will be classed as an exception to a Deduction until that point where access is made available when the original rectification notice will apply. [Where the Contractor reasonably needs access to an Area or Adjoining Area to remedy the relevant Unavailability, the Authority shall not withhold unreasonably such access, subject to the need for the Authority to deliver [Fire & Rescue] [Police] Services at the Accommodations].

♦ Where the Contractor has discontinued the Unavailability by carrying out a Temporary Rectification, the Contractor shall carry out such additional measures as are necessary to achieve Permanent Rectification within the agreed Permanent Rectification Period.

♦ On achieving Permanent Rectification, the Contractor shall issue a second notification to the Helpdesk in relation to those Areas where the initial status was one of Temporary Rectification stating that Permanent Rectification has occurred.

♦ Where the initial status was one of Temporary Rectification and the period between notification to the Helpdesk of Temporary Rectification and the notification to the Helpdesk of Permanent Rectification is greater than either:

• 5 (five) Operational Days or a shorter target Rectification Period agreed on a case by case basis with the Contract Manager (inclusive of the Operational Day on which notification of Temporary Rectification was made to the Helpdesk); or

• Such longer period as the Contractor may reasonably request (provided that such request is made within 2 (two) Business Days of the date on which the notification of Temporary Rectification was made or, where the Authority has approved a longer period under this paragraph, prior to expiry of such longer period) and in respect of which request the Authority acting reasonably gives approval;

then a full Unavailability Deduction will be incurred as if the Area was Unavailable for the period commencing from the end of the relevant Logged Rectification Time to the point at which the Permanent Rectification is notified to the Helpdesk.